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Employment Lawyer Network:

Joseph L. Beachboard (Editor)

California Employment Law

(213) 239-9800

Click for Full Bio

Joseph L. Beachboard is a nationally recognized expert on employment law issues who speaks regularly at SHRM and other HR events. He also is a regular contributor to several national and California publications. In 2000, Mr. Beachboard sold The Labor Letters, Inc., a publisher of monthly employment law journals that he founded to advise human resource professionals. He is a founding member and executive director of the Management Employment Law Roundtable, a national, invitation only, organization of management labor and employment lawyers.

Plaintiff need not be ‘clearly superior’ to comparator to prevail in discrimination cases

An employer has lost a bid to force workers to show they are “clearly superior” to another employee before challenging a termination decision. Workers need only compare their treatment to other, similarly situated workers when challenging firing, hiring or promotion decisions.

Never ignore supervisor harassment

When employees complain that their supervisor is engaging in harassing behavior, don’t ignore the complaints. Instead, fully investigate and make sure any comments stop, fast. Then check back to verify the environment has indeed changed.

Note refusal to cooperate in ADA process

When a disabled worker needs an accommodation, the process is supposed to be interactive, with give-and-take discussions over what’s an appropriate and reasonable accommodation. If an employee won’t cooperate, carefully document her refusal.

California becomes 3rd state to bar ‘no rehire’ clauses

In September, Gov. Gavin Newsom signed AB749, legislation that prohibits employers from barring sexual harassment victims from being rehired by the employer.

Finite leave may be valid accommodation

It’s a difficult problem: A new employee hasn’t yet earned any leave but needs to take time off for a disability-related reason. It’s a mistake to automatically terminate such an employee. Slow down.

Despite law, 70 California firms have no women on boards

Last year, the state passed a law requiring companies headquartered in California to have at least one female director on their board. As a result, female representation in California boardrooms has risen 23%. However, not all California firms received the message.

Beware holiday harassment at hotel party

’Tis the season for holiday party planning, which means ’tis the season to prepare for potential harassment lawsuits. Remember, just because the party isn’t at work or during work hours, doesn’t mean you’re not liable for harassment.

California sexual harassment prevention training deadline extended

Employers now have until Jan. 1, 2021, to comply with the sexual harassment training requirements.

Reverse discrimination carries a hefty price tag, too

Employers can’t prefer one protected class of worker over another in hiring, even if the preferred class has historically been discriminated against. Such so-called reverse discrimination cases can net big penalties for employers.

ADA requires accommodating disabled customers, too

Don’t ignore public access requests—or worse yet, lawsuits over accessibility. That may lead to a so-called default judgment.